Henderson police believed family was sharing their movements with suspect

Henderson police officers believed members of the Mitchell family were communicating the position of a SWAT team to a barricaded armed suspect when they were arrested.

By FRANCIS MCCABE LAS VEGAS REVIEW-JOURNAL

July 9, 2013 - 6:19 pm

363 Eveningside Avenue in Henderson is seen where a Henderson SWAT team was called about a domestic violence dispute. Henderson Police are being accused of illegally breaking into a nearby Anthony Mitchell's home at 367 Eveningside Avenue because of refusing to let them use the home for surveillance. Mitchell, and his parents who live across the street at 362 Eveningside Avenue, have filed a federal lawsuit alleging the police violated the third amendment.

Seen on the far left is a home at 363 Eveningside Avenue in Henderson, where a Henderson SWAT team was called about a domestic violence dispute. Henderson Police are being accused of illegally breaking into a nearby Anthony Mitchell's home at 367 Eveningside Avenue because of refusing to let them use the home for surveillance. Mitchell, and his parents who live across the street at 362 Eveningside Avenue, seen on the far right, have filed a federal lawsuit alleging the police violated the third amendment.

Seen on the far right is a home at 363 Eveningside Avenue in Henderson, where a Henderson SWAT team was called about a domestic violence dispute. Henderson Police are being accused of illegally breaking into a nearby Anthony Mitchell's home at 367 Eveningside Avenue, which is two houses up from 363 Eveningside, because of refusing to let them use the home for surveillance. Mitchell, and his parents who live across the street at 362 Eveningside Avenue, seen on the far left, have filed a federal lawsuit alleging the police violated the third amendment.

Henderson police officers arrested members of the Mitchell family they believed were communicating the position of a SWAT team to a barricaded armed suspect.

The Mitchells, who last week filed a federal civil rights lawsuit against the police department and others, said they had done nothing wrong when Henderson police broke into their two homes without warrants on July 10, 2011.

The family refused to let SWAT officers use their homes, in the 300 block of Evening Side Avenue, near Horizon Ridge Parkway and the Las Vegas Beltway, to perform surveillance in what authorities suspected was an ongoing domestic violence incident involving a neighbor.

Officers then manhandled Linda Mitchell and arrested her husband, Michael Mitchell, and her son, Anthony Mitchell, charging them with obstructing a police officer, family members allege.

Police also shot Anthony Mitchell and the family’s dog, Sam, with a “pepperball gun,” similar to a paintball gun that holds pepper spray.

However, the incident and arrest reports for Anthony Mitchell and his father, Michael Mitchell, released Tuesday by police paint a different picture of the incident.

Police said Michael Mitchell on three occasions used his cell phone to communicate law enforcement positions to Phillip White, Jr., the target of the domestic violence investigation. The two men were friends, police said.

Officers said Michael Mitchell also set off his car alarms to “distract, annoy, and obstruct the emergency response” and refused to comply with their commands to stay inside his home.

When officers contacted Michael Mitchell on the phone he “went off on tangents that included the North and South in the Civil War,” according to police.

Anthony Mitchell, who lived across the street and a couple of houses down from his parents, also refused to listen to officers who asked him to evacuate and was believed to be communicating police positions to White, according to the reports.

A North Las Vegas police report showed Anthony Mitchell had extended his middle finger toward the officers and was taking photos or video of the officers positions. North Las Vegas SWAT assisted Henderson police in the case.

And when officers rammed their way into Anthony’s home they found him wearing body armor, with numerous guns and bullets around the house. The officers said they shot him with the pepperball gun while he was lying on the ground, because he refused to drop a cell phone and show his hands to officers.

The reports, totalling 17-pages, were redacted of any information about White and his case, because it was sealed.

The Mitchells’ lawyer, Frank Cofer, said the police reports should be viewed with skepticism. The charges against Anthony and Michael were “meritless” and dismissed with prejudice once presented in Henderson Municipal Court, Cofer said.

Henderson police spokesman Keith Paul said the department does not comment on pending lawsuits.

The lawsuit, filed last week in U.S. District Court, said the Mitchells’ constitutional rights were violated, including their Third Amendment right that prohibits soldiers from quartering in a home without the homeowner’s consent.

The lawsuit names five Henderson police officers, the city of Henderson and its then-Police Chief Jutta Chambers, as well as unnamed North Las Vegas police officers and their chief.

The lawsuit seeks compensatory and punitive damages, but does not state a specific amount of money.

Cofer has said the unusual tactic of citing a Third Amendment rights violation fits the case, even though Henderson police are not a military force.

The lawyer said that police forces throughout the country, including local law enforcement, are employing military weapons and tactics and the facts of the Mitchells’ case shows the spirit of the Third Amendment of the U.S. Constitution was violated.

The Mitchells want the case to go to a jury, Cofer said.

The lawsuit is littered with language that would indicate a military operation was under way in the residential neighborhood.

Police told the Mitchells they needed to “occupy” their home in order to gain a “tactical advantage” against their neighbor, the lawsuit stated.

Police never obtained warrants, but entered both homes and rummaged through the Mitchells’ belongings, including opening cabinets and using a water dispenser, according to the lawsuit.

Linda Mitchell was forcibly pulled away from her home when one officer grabbed the arm of the physically frail woman, the lawsuit said.

Anthony and his father, Michael, were jailed for about nine hours at the Henderson Detention Center before they were bailed out.

Meanwhile, White, the man at the center of the reported domestic violence incident that sparked the standoff with police, was arrested on one count each of domestic battery-first offense and coercion.

However, Henderson Municipal Court records show that on Nov. 1, 2011, both charges against White were dismissed with prejudice and that the case was sealed.

Clark County School Board President Deanna Wright says she followed proper expense protocol in trip to Florida last year.

Matt Kelly Elementary School hosted its third annual Back-to-School Red Carpet Program

Matt Kelly Elementary School hosted its third annual Back-to-School Red Carpet Program where community and business leaders joined to welcome students back with an inspirational welcome. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye

Shooting leaves 1 dead in southeast valley

A man was found fatally shot in the doorway of a squatter apartment after an argument ended in gunfire on Sunday night. Officers responded about 10:30 p.m. to the Silver Pines apartments and discovered the man in a breezeway in one of the buildings. The wounded man died at the scene, despite the efforts of another person, who tried to administer medical aid. Witnesses saw a man and a woman flee the scene, but were unable to give police a clear description.

North Las Vegas unveils new school crosswalk

North Las Vegas councilman Isaac Barron talks about the new school crosswalk in front of CP Squires Elementary School Monday, August 6, 2018. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist

LVMPD Briefing on OIS #13

Assistant Sheriff Tim Kelly held a press conference to discuss details of the 13th officer-involved-shoot for the department in 2018. Video shows the moments before the suspect was shot. The shooting, which has been edited out, occurred as the suspect lunged at an officer outside the apartment. (Madelyn Reese/Las Vegas Review-Journal)

Sedan and semitrailer collide in south Las Vegas

An early Wednesday morning crash has left one person in critical condition. A sedan and semitrailer collided around 4 a.m. at the corner of Spencer Street and Serene Avenue. Police do not believe impairment is a factor in the crash. Spencer has been blocked off north of Serene while police continue their investigation.

Cybersecurity Professionals Flock to Las Vegas for Black Hat

Black Hat USA, the largest annual cybersecurity conference, is expecting a record 17,000 attendees during its six-day run at the Mandalay Bay Convention Center this week. One thing attendees have in mind is making sure they don't get hacked while they're there. (Madelyn Reese/Las Vegas Review-Journal)

Police chase ends with suspects captured in east Las Vegas

An early Tuesday morning chase ended with a car crash in an east Las Vegas neighborhood. Police were pursuing the vehicle, which they say was involved in robberies in Las Vegas and North Las Vegas, when the driver crashed at Owens and Statz Street. A man was taken into custody. A woman was ejected from a vehicle and taken to a hospital with non-life threatening injuries. The intersection at Mojave Road and Owens Avenue was shut down while police officers searched for the suspect and investigated. The intersection will remain closed for most of the morning.

Record number participate in Touro University Nevada White Coat Ceremony

Three hundred sixty-five medical students received their white coats during the Touro University Nevada White Coat Ceremony at the M Resort in Henderson Monday. The ceremony was developed to honor students in osteopathic medicine, physician assistant studies, nursing, occupational therapy and physical therapy as they accept the professional responsibilities inherent in their relationship with patients. (K.M. Cannon/Las Vegas Review-Journal)

Crews moved the wooden Remembrance Wall at the Las Vegas Community Healing Garden on South Casino Center Boulevard Monday. Construction on a permanent wall is set to begin within the week. (Madelyn Reese/Las Vegas Review-Journal) @MadelynGReese

Man wounded outside Cottages apartment

Las Vegas police don't have a motive after a man was shot early Monday morning outside a northwest valley apartment. The man's mother called police to say her son had been shot. She called police around 1:15 a.m. Other people were inside the apartment but no one else was injured. Police are still looking for the shooter.

Cassi Davis was diagnosed with anxiety and depression after the birth of her second child. After seeking help and support, she felt that there wasn't enough for support for those living day in and day out for those with mood disorders. She created the Crush Run, set for Sept. 22, to raise money for the Anxiety and Depression Association of America and bring together a community of people who live with the same conditions she does. (Madelyn Reese/Las Vegas Review-Journal)

North Las Vegas marks the opening of Tropical Parkway connector

The City of North Las Vegas, Nevada Department of Transportation and other partners celebrated the opening of the Tropical Parkway connector to Interstate 15 and the Las Vegas Beltway. The stretch of road will make access easier for distribution centers for Amazon, Sephora and other companies moving into an 1,100-acre industrial area rising near the Las Vegas Motor Speedway. (K.M. Cannon/Las Vegas Review-Journal)

The Adult Superstore on Main Street has closed its doors for good after 45 years. The shop, which offered a multitude of adult toys, novelty items and movies, opened in 1973. Four other locations remain open. A note on the front door tells customers, “We can’t fully express our sorrow.” Adult Superstore was awarded Best of Las Vegas adult store by the Review-Journal in 2016 and 2017 .

Funeral held for Las Vegas corrections officer

Department of Public Safety Correctional Officer Kyle Eng died July 19 after a fight with an inmate at the Las Vegas Jail. A funeral was held for Eng at Canyon Ridge Christian Church Monday, July 30, 2018. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist

What Back-To-School Shopping Is Like For a CCSD Parent and Teacher

Laura LeBowsky, a CCSD special education teacher and mother of two, set out to shop for her children's supply lists at her local Walmart and Target. She was looking for deals to try to keep the total under $150, while also allowing Chloe, 8, and Brady, 6, some choice in what they wanted. (Madelyn Reese/ Las Vegas Review-Journal) @MadelynGReese

Businesses struggle to fill food manufacturing jobs

Chelten House is a family-owned food manufacturing company from New Jersey. They created a facility in Vegas five years ago and have struggled to find experienced workers in the area. (Marcus Villagran/Las Vegas Review-Journal)

LeBron heckler crosses line, altercation erupts

NBA superstar LeBron James, his wife, Savannah, and daughter Zhuri were at Liberty High School to watch Bronny James in action Wednesday night. But an unruly fan wearing a Michael Jordan Chicago Bulls jersey heckled the newest Los Angeles Laker. The man screamed at event security with LeBron and his family about 150 feet away. The man had to be restrained, triggering a brief altercation with security. James and his family were escorted out a side door along with Bronny's team, the North Coast Blue Chips. Event officials canceled the game between the Blue Chips and Nike Meanstreets.

Las Vegas Oddities Shop in Downtown Las Vegas

Las Vegas Oddities shop owner Vanessa VanAlstyne describes what's for sale in one of the weirder and wackier stores in Downtown Las Vegas. The store opened less than a year ago and carries everything from human bones to "rogue" taxidermy to Victorian death photography. (Madelyn Reese/ Las Vegas Review-Journal)

Trying to Staying Cool in the Las Vegas Heat

Cooling stations like Cambridge Recreation Center's opened across the Las Vegas Valley this week after the National Weather Service issued an excessive heat warning for the area. (Madelyn Reese/ Las Vegas Review-Journal)

The National Weather Service issued an excessive heat warning for Tuesday, July 24 through Thursday, July 26 in Las Vegas. People are reminded to limit outdoor activity, drink plenty of water and wear sunscreen. Visit weather.gov/heat for more heat safety tips. (Madelyn Reese/ Las Vegas Review-Journal)

Burning car in Las Vegas Spaghetti Bowl

Firefighters extinguish a burning car on the Martin Luther King offramp from northbound Interstate 15 in the Spaghetti Bowl in Las Vegas on July 23, 2018.

Fire Department Issues Warning About Water Safety

Deputy Fire Chief Jeff Buchanan made a public safety announcement about water safety after Clark County Fire responded to 27 calls that were classified as drowning incidents between May 1 and July 20. Clark County Fire, Las Vegas Fire & Rescue and North Las Vegas Fire responded to 55 total calls during the same time. (Madelyn Reese/Las Vegas Review-Journal)

CEO Rossi Ralenkotter is the third-highest-paid public official in the state He has a pay and benefits package valued at $863,000 annually. Ralenkotter does not have an employment contract He announced his retirement in mid June, amid a scandal over airline gift cards LVCVA bought $90,000 in Southwest Airline gift cards between 2012 and 2017. Now auditors can’t account for more than $50,000 of the cards. Ralenkotter and his family used $16,207 in gift cards on 56 trips. Brig Lawson, the senior director of business partnerships, was responsible for buying and distributing the cards. He recently resigned. Ralenkotter's retirement settlement package could cost taxpayers thousands of dollars.

A swarm of Nye County deputies, at the request of Las Vegas police, surrounded a hotel room in Pahrump last week to take two fugitives into custody. (Nye County Sheriff's Office)

Las Vegas judge’s ruling will halt tonight’s execution

On Wednesday Judge Elizabeth Gonzalez issued a ruling that will halt the execution of convicted murderer Scott Dozier. Alvogen Inc., which makes the sedative midazolam, filed a lawsuit Tuesday accusing the Nevada Department of Corrections of surreptitiously obtaining the drug for use in an execution.

3 people shot in southeast Las Vegas

Three men were shot Thursday night in southeast Las Vegas, and two of them have life threatening injuries.
Las Vegas police responded to the incident just after 10 p.m. on the 5000 block of Mountain Vista Street.
The investigation is in its early stages and police were unable to describe the suspect or say how man people they think were involved. Police encourage anyone with information regarding this shooting to call Crime Stoppers at 702-385-5555, or 3-1-1

Robbery suspects apprehended

Four robbery suspects were taken into custody Thursday morning after a vehicle and foot chase that ended in an east Las Vegas neighborhood.
The incident began when a person was robbed at gunpoint around 4:45 a.m. near Maryland Parkway and Desert Inn. Officers arriving at the scene tried to stop two vehicles. One vehicle escaped but police chased the second into a neighborhood on Flamingo Road near Mountain Vista Street. Police surrounded the neighborhood and the suspects were apprehended. It looked like one police vehicle was involved in a collision with the suspects' car. One woman suffered an unknown injury and was taken to the hospital in an ambulance.
01:04

Las Vegas police looking for robbery suspects

Two robbers who recently targeted three Las Vegas businesses remained at large Tuesday and police are asking the public to help identify them. (Las Vegas Metropolitan Police Department)

Metro Capt. Jaime Prosser gives update of officer-involved shooting

Metro Capt. Jaime Prosser provides an update about an officer-involved shooting at Radwick Drive and Owens Avenue in the northeast Las Vegas on Thursday. A robbery suspect was shot and killed. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye

LVMPD Looking For Robbery Suspect

The LVMPD Commercial Robbery Section is attempting to identify the pictured suspect who is responsible for committing robberies to businesses in the southern part of the Las Vegas Valley during the month of May 2018. The suspect enters the business, threatens the employee with a firearm and demands money from the register. The employee complies and the suspect flees the business.

North Las Vegas police are investigating a triple shooting that left one man dead

North Las Vegas police are investigating a triple shooting that left one man dead at 2500 block of Ellis St., on Friday, June 8, 2018. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye